Amendment SSA1-SB55

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2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 18, 2001 - Offered by Joint committee on Finance.

SB55-SSA1,1,2 An Act relating to: state finances and appropriations, constituting the executive budget act of the 2001 legislature.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB55-SSA1, s. 1d Section 1d. 1.10 (title) of the statutes is amended to read:

SB55-SSA1,1,5 1.10 (title) State song, state ballad, state waltz, state dance, and state symbols.

SB55-SSA1, s. 1f Section 1f. 1.10 (1m) of the statutes is created to read:

SB55-SSA1,2,8 1.10 (1m) The Wisconsin state ballad is "Oh Wisconsin, Land of My Dreams," music written by Shari A. Sarazin and lyrics written by Erma Barrett, the words to which are as follows: "Oh Wisconsin, land of beauty, with your hillsides and your plains, with your jackpine and your birch tree, and your oak of mighty frame. Land of rivers, lakes and valleys, land of warmth and winter snows, land of birds and beasts and humanity, oh Wisconsin, I love you so. Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. In the summer, golden grain fields; in the winter, drift of white snow; in the springtime, robins singing; in the autumn, flaming colors show. Oh I wonder who could wander, or who could want to drift for long, away from all your beauty, all your sunshine, all your sweet song? Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. And when it's time, let my spirit run free in Wisconsin, land of my dreams."

SB55-SSA1, s. 1g Section 1g. 1.10 (1r) of the statutes is created to read:

SB55-SSA1,2,19 1.10 (1r) The Wisconsin state waltz is "The Wisconsin Waltz," music and lyrics written by Eddie Hansen, the words to which are as follows: "Music from heaven throughout the years; the beautiful Wisconsin Waltz. Favorite song of the pioneers; the beautiful Wisconsin Waltz. Song of my heart on that last final day, when it is time to lay me away. One thing I ask is to let them play the beautiful Wisconsin Waltz. My sweetheart, my complete heart, it's for you when we dance together; the beautiful Wisconsin Waltz. I remember that September, before love turned into an ember, we danced to the Wisconsin Waltz. Summer ended, we intended that our lives then would both be blended, but somehow our planning got lost. Memory now sings a dream song, a faded love theme song; the beautiful Wisconsin Waltz."

SB55-SSA1, s. 1j Section 1j. 1.10 (4) of the statutes is amended to read:

SB55-SSA1,2,24 1.10 (4) The Wisconsin Blue Book shall include the information contained in this section concerning the state song, ballad, waltz, dance, beverage, tree, grain, flower, bird, fish, animal, domestic animal, wildlife animal, dog, insect, fossil, mineral, rock, and soil.

SB55-SSA1, s. 1x Section 1x. 5.02 (1) of the statutes is renumbered 5.02 (1c).

SB55-SSA1, s. 86 Section 86. 7.33 (1) (c) of the statutes is amended to read:

SB55-SSA1,3,3 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under ch. 231, 232, 233 or , 234, or 237.

SB55-SSA1, s. 94f Section 94f. 9.10 (2) (b) of the statutes is amended to read:

SB55-SSA1,3,9 9.10 (2) (b) A recall petition for requesting the recall of a city, village, town or school district office officer shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause for the recall and the specific allegations that constitute each cause. In this paragraph, "cause" means neglect of duty or official misconduct.

SB55-SSA1, s. 94i Section 94i. 9.10 (2) (d) of the statutes is amended to read:

SB55-SSA1,4,2 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause, as defined in par. (b), for the recall and the specific allegations that constitute each cause. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of a state, congressional, legislative, judicial or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that a petition for the recall of a city, village, town or school district officer may be offered for filing is 5 p.m. on the 30th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB55-SSA1, s. 94L Section 94L. 9.10 (4) (a) of the statutes is amended to read:

SB55-SSA1,5,20 9.10 (4) (a) Immediately after a petition for the recall of a city, village, town, or school district officer is offered for filing, the municipal clerk, board of election commissioners, or school district clerk shall notify the officer against whom the petition is filed. Within 10 days after a the petition for the recall of a city, village, town or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or, school district clerk, or board of election commissioners shall notify, in writing, the officer against whom the petition is filed. Within 3 days following receipt of the notification, the officer shall inform the municipal clerk, school district clerk, or board of election commissioners, in writing, as to whether the officer contests the petition. If the officer fails to inform the municipal clerk, school district clerk, or board of election commissioners within 3 days following receipt of the notification, or if the officer does not contest the petition, the municipal clerk, school district clerk, or board of election commissioners shall issue a certificate declaring that an election will be held under this section. If the certificate is issued by the municipal clerk, the municipal clerk shall immediately transmit the petition and certificate to the governing body of the municipality. If the certificate is issued by the school district clerk, the school district clerk shall immediately transmit the petition and certificate to the school board. If the officer contests the petition, the municipal clerk, school district clerk, or board of election commissioners shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office circuit court for the county in which the office of the clerk or board of election commissioners is located.

SB55-SSA1, s. 94p Section 94p. 9.10 (4) (b) and (c) of the statutes are created to read:

SB55-SSA1,6,14 9.10 (4) (b) Within 10 days after receipt of a petition under par. (a), the circuit court shall determine, after hearing, whether the allegations in the petition are true and, if true, whether the allegations constitute cause, as defined in sub. (2) (b), for the recall. The clerk of court shall notify the officer for whom the recall is sought of the hearing date. The officer and the person who offers the petition for filing may appear by counsel and the court may take testimony with respect to the petition. If the circuit court determines that the allegations in the petition are true and constitute cause, as defined in sub. (2) (b), for the recall, the court shall issue a certificate directing that an election be held under this section. If the petition concerns a city, village, or town office, the court shall transmit the petition and certificate to the governing body of the city, village, or town, except that in cities over 500,000 population the court shall transmit the petition and certificate to the board of election commissioners. If the petition concerns a school district office, the court shall transmit the petition and certificate to the school board. Upon receiving a petition and certificate, the governing body, board of election commissioners, or school board shall file the petition and certificate in its office. If the court determines that the allegations in the petition are not true or do not constitute cause, as defined in sub. (2) (b), for the recall, the court may not issue the certificate.

SB55-SSA1,6,22 (c) Any party aggrieved by a circuit court determination under par. (b) may appeal to the court of appeals within the time period specified in s. 808.04 (2). An appeal under this paragraph shall be given precedence over other matters not accorded similar precedence by law. The appeal shall stay the holding of a recall primary and election under a certificate issued by the circuit court under par. (b) until the court of appeals determines the validity of the certificate, but other acts required to be undertaken to prepare for the primary and election shall proceed during the pendency of the appeal.

SB55-SSA1, s. 94s Section 94s. 9.10 (4) (d) of the statutes is amended to read:

SB55-SSA1,7,4 9.10 (4) (d) The governing body, school board or board of election commissioners, upon receiving the a certificate from the circuit court under par. (b) or upon receiving or issuing a certificate under par. (a), shall call an election to be held on the Tuesday of the 6th week commencing after the date of the certificate. If Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.

SB55-SSA1, s. 98 Section 98. 13.101 (4) of the statutes is amended to read:

SB55-SSA1,7,20 13.101 (4) The committee may transfer between appropriations and programs if the committee finds that unnecessary duplication of functions can be eliminated, more efficient and effective methods for performing programs will result or legislative intent will be more effectively carried out because of such transfer, if legislative intent will not be changed as the result of such transfer and the purposes for which the transfer is requested have been authorized or directed by the legislature, or to implement s. 16.847 (8) (b) 3. The authority to transfer between appropriations includes the authority to transfer between 2 fiscal years of the same biennium, between 2 appropriations of the same agency and between an appropriation of one agency and an appropriation of a different agency. No transfer between appropriations or programs may be made to offset deficiencies arising from the lack of adequate expenditure controls by a department, board, institution, commission or agency. The authority to transfer between appropriations shall not include the authority to transfer from sum sufficient appropriations as defined under s. 20.001 (3) (d) to other types of appropriations.

SB55-SSA1, s. 99 Section 99. 13.101 (6) (a) of the statutes is amended to read:

SB55-SSA1,8,15 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System , or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr) and (q), 20.395 (1), (2) (cq), (eq) to (ex) (fq) to (fx), and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB55-SSA1, s. 100 Section 100. 13.101 (14) of the statutes is amended to read:

SB55-SSA1,8,20 13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of administration electronic government to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.

SB55-SSA1, s. 100m Section 100m. 13.101 (16) of the statutes is created to read:

SB55-SSA1,8,24 13.101 (16) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the general fund an amount equal to the amount calculated by the investment board under s. 25.17 (16).

SB55-SSA1, s. 102 Section 102. 13.123 (1) (a) 1. of the statutes is amended to read:

SB55-SSA1,9,19 13.123 (1) (a) 1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance for each biennial session shall be established under s. 20.916 (8) 90% of the per diem rate for travel for federal government business within the city of Madison, as established by the federal general services administration. For the purpose of determining the amount of the allowance, the secretary of employment relations shall certify to the chief clerk of each house the federal per diem rate in effect on December 1, or the first business day thereafter if December 1 is not a business day, in each even-numbered year. Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session, except that a new affidavit may be filed for any month following an adjustment in the amount of the authorized allowance under s. 20.916 (8).

SB55-SSA1, s. 103 Section 103. 13.40 of the statutes is created to read:

SB55-SSA1,9,22 13.40 Limitation on state appropriations from general purpose revenue. (1) In this section:

SB55-SSA1,9,24 (a) "Fiscal biennium" means a 2-year period beginning on July 1 of an odd-numbered year.

SB55-SSA1,10,2 (b) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).

SB55-SSA1,10,6 (2) Except as provided in sub. (3), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (h), as determined under sub. (4), may not exceed the sum of:

SB55-SSA1,10,13 (a) The amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 which immediately precedes the first year of the fiscal biennium, as estimated by the department of revenue no later than December 5 of each even-numbered year.

SB55-SSA1,10,18 (b) The amount determined under par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 which immediately precedes the 2nd year of the fiscal biennium, as estimated by the department of revenue no later than December 5 of each even-numbered year.

SB55-SSA1,10,19 (3) The limitation under sub. (2) does not apply to any of the following:

SB55-SSA1,10,21 (a) An appropriation for principal repayment and interest payments on public debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).

SB55-SSA1,10,25 (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).

SB55-SSA1,11,2 (c) An appropriation to make a payment to the United States that the building commission determines to be payable under s. 13.488 (1) (m).

SB55-SSA1,11,4 (d) An appropriation contained in a bill that is enacted with approval of at least two-thirds of the members of each house of the legislature.